GDPR Guidelines – EDPB Publishes Final Guidelines On Cross-Border Transfer Of Personal Data

On February 24, 2023, following public consultation, the European Data Protection Board (EDPB) published the long-awaited final version of the guidelines on the interplay of article 3 of the GDPR and the provisions on the international transfer of personal data of Chapter V of the GDPR. These guidelines will help controllers and processors, in determining, among others, when the processing of personal data qualifies as an international transfer, which would in turn make them subject to the stringent GDPR rules on international transfer of personal data.

The international transfer of personal data outside the EEA is in principle not allowed under Chapter V of the GDPR, unless the transfer is based on one of the GDPR's approved transfer mechanisms.